Summary
In Lewandowski, where defendant pled guilty to second-degree murder in the shooting death of his wife and wounding of a subsequent pursuer, defendant later attempted to withdraw his pleas claiming he suffered amnesia at the time the pleas were taken. People v Lewandowski, 58 Mich. App. 18; 226 N.W.2d 843 (1975), on reh, 60 Mich. App. 455; 231 N.W.2d 392 (1975).
Summary of this case from People v. CarmichaelOpinion
Docket No. 56991.
Decided August 19, 1975.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.
Hall Andary (J. Thomas McGovern, of counsel) for defendant.
MEMORANDUM OPINION. Defendant here challenges the refusal of the trial court to grant his request, made before sentence was imposed, to withdraw his nolo contendere pleas to second-degree murder and assault with intent to murder. The Court of Appeals affirmed that refusal and the facts are more fully stated in the two opinions (one on rehearing) reported in 58 Mich. App. 18; 226 N.W.2d 843, and 60 Mich. App. 455; 231 N.W.2d 392.
Pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court hereby reverses the decisions of the Court of Appeals and the trial court denying defendant's motion to withdraw his pleas and remands the case to the trial court for further proceedings on the original charges consonant with People v Bencheck, 360 Mich. 430; 104 N.W.2d 191 (1960), and People v Zaleski, 375 Mich. 71; 133 N.W.2d 175 (1965).
T.G. KAVANAGH, C.J., and WILLIAMS, LEVIN, M.S. COLEMAN, J.W. FITZGERALD, and LINDEMER, JJ., concurred.
SWAINSON, J., took no part in the decision of this case.